Judge throws out Goinau’s appeal

National, Normal

The National,Monday 11th of February, 2013

OUSTED Western administrator William Goinau’s application seeking orders in the National Court on the validity of two declaratory orders used to suspend him has been dismissed.
Goinau applied in the National Court last week to determine the legal effects of the two declaratory documents that were relied on by the public service commission (PSC) to recommend his suspension to the national executive council (NEC) over allegations of misappropriation.
At the Waigani National Court last Friday, Justice Bernard Sakora ruled against the application, saying it was misconceived and an abuse of process.
 “The two documents, relied upon by the PSC and NEC to revoke Goinau from heading Western province administration, contain allegations of misappropriation of more than K32 million,” Sakora said.
Goinau’s lawyer asked the court to determine whether the two declaratory documents relied on by the PSC and NEC came from a valid source (investigating body) to rescind his client’s position as the provincial administrator of Western .
However, Sakora told the lawyer that the application should be through a judicial review and not by an originating summons as was before him.
“My respectful opinion is to avail the Order 16 of the National Court Rules to challenge the decision of the appointing authority (NEC).”
The case was a public law matter in which there were procedures and processes to follow, Sakora said.
“This court does not have jurisdiction. The matter is wrongly before me in its form and I dismiss the application with costs.”